Patna High CourtCR. MISC./7270/2017bail granted

Pramod Kumar v. The State Of Bihar

2017-02-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7270 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -FATUHA RPF/POST District- PATNA ====================================================== Pramod Kumar .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Singh, Advocate. For the Opposite Party : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with R.P.F. Fatuha Post Case No. 81 of 2016 for the offences instituted under Sections 160(B) of the Railway Act. The prosecution story, in brief, is that the petitioner was the driver of the tractor, which broke the stopper at the Railway Crossing, Fatuha, and took the tractor up to the Railway Track, while the train was coming. When the emergency gate was opened, this petitioner fled away with the said tractor. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. There is no substantive

Patna High Court Cr.Misc. No.7270 of 2017 (2) dt.14-02-2017 2/2 evidence to suggest his implication in the present case. He is not named in the F.I.R.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with R.P.F. Fatuha Post Case No. 81/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Railway, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U